SYNOPSIS OF CASE SOURCE/OPERATION SYNCOM DIVISION OF SCHWAN'S SALES ENTERPRISES, INC. (SYNCOM), A MINNESOTA CORPORATION DOING BUSINESS IN SOUTH DAKOTA, IS THE OWNER OF A MAGNETIC TAPE MANUFACTURING FACILITY LOCATED IN MITCHELL, SOUTH DAKOTA. ACTUAL OPERATION OF THE FACILITY BEGAN IN MAY, 1980 WITH CONSTRUC- TION OBVIOUSLY OCCURRING SOMETIME BEFORE THAT DATE. THE POTENTIAL TO EMIT MORE THAN 2,085 TONS PER YEAR OF AN OZONE PRECURSOR, VOLATILE ORGANIC COMPOUNDS. VIOLATIVE CONDUCT THE CLEAN AIR ACT AND ITS IMPLEMENTING REQULATIONS MAN- DATE THAT A SOURCE WITH THE EMISSION POTENTIAL OF SYNCOM FACILITY OBTAIN A PREVENTION OF SIGNIFICANT DETERIORATION PERMIT BEFORE BEGINNING ACTUAL CONSTRUCTION. SEE, SECTION 165, 42 U.S.C. 7475, AND 40 C.F.R. 52.21(I). SYNCOM DID NOT OBTAIN A PERMIT PRIOR TO CONSTRUCTING AND HAS NOT OBTAIN ED THE REQUIRED PERMIT TO DATE. THE ENVIRONMENTAL PROTECTION AGENCY'S ( EPA ) AUTHORITY TO BRING ACTION- EPA IS AUTHORIZED TO SEEK JUDICIAL RELIEF BY SECTION 113(B) OF THE CLEAN AIR ACT, 42, U.S.C. 7413(B). THREAT TO HEALTH AND ENVIRONMENT THE OPERATION OF THE SYNCOM FACILITY SHOULD NOT CAUSE A VIOLATION OF THE AMBIENT STANDARD FOR OZONE IN THE AFFECTED AREA. NEVERTHELESS, GIVEN THE INTENT OF